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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 9 of 9
Full-Text Articles in Legal Ethics and Professional Responsibility
Lawyers As Caregivers, Paula Schaefer
Lawyers As Caregivers, Paula Schaefer
St. Mary's Journal on Legal Malpractice & Ethics
This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …
Daubert/Kumho Tire And The Legal Malpractice Expert Witness, Warren R. Trazenfeld, Robert M. Jarvis
Daubert/Kumho Tire And The Legal Malpractice Expert Witness, Warren R. Trazenfeld, Robert M. Jarvis
St. Mary's Journal on Legal Malpractice & Ethics
In legal malpractice cases, parties almost always end up using expert witnesses. Whether a particular legal malpractice expert is qualified to testify often is a hotly contested issue. In this Article, the authors provide recommendations for how to qualify a legal malpractice expert and how to challenge a legal malpractice expert’s qualifications.
Judged By The (Digital) Company You Keep: Maintaining Judicial Ethics In An Age Of Likes, Shares, And Follows, John Browning
Judged By The (Digital) Company You Keep: Maintaining Judicial Ethics In An Age Of Likes, Shares, And Follows, John Browning
St. Mary's Journal on Legal Malpractice & Ethics
Just like lawyers, judicial use of social media can present ethical pitfalls. And while most scholarly attention has focused on either active social media conduct by judges (such as posting or tweeting) or on social media “friendships” between judges and others, this Article analyses the ethical dimensions of seemingly benign judicial conduct on social media platforms, such as following a third party or “liking,” sharing, or retweeting the online posts of others. Using real-world examples, this Article analyses how even such ostensibly benign conduct can create the appearance of impropriety and undermine public confidence in the integrity and impartiality of …
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă
St. Mary's Journal on Legal Malpractice & Ethics
There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for …
The Foundational Skill Of Reflection In The Formation Of A Professional Identity, Neil W. Hamilton
The Foundational Skill Of Reflection In The Formation Of A Professional Identity, Neil W. Hamilton
St. Mary's Journal on Legal Malpractice & Ethics
There is a growing scholarly literature on the professional development and formation of law students into the core values, guiding principles, and well-being practices considered foundational to successful legal practice.* This growing scholarly literature can guide effective curriculum development to foster student growth toward later stages of development on these learning outcomes. This Article focuses on the skill of reflection as one of the most effective curricular strategies to foster each student’s growth toward later stages of these learning outcomes. This same curricular strategy will also be effective in engaging practicing lawyers to grow toward these same goals. Part II …
The Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
The Sale Of Law Practice In Texas: The Need For A Rule, Ryan Hagens
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
Ethical Limits On Promising To Pay An Adverse Award Of Attorney’S Fees Against One’S Client, Chase C. Parsons
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the continuing legal education (CLE) visual advocacy documentary-style program, which Garrick Apollon (author of this Article) researched and developed. The case study for this CLE documentary-style program is the film Inside Lehman Brothers—a documentary film by Jennifer Deschamps which chronicles the story of the Lehman whistleblowers. The film presents Mathew Lee, former senior vice president overseeing Lehman’s global balance sheet; Oliver Budde, former in-house counsel (associate general counsel) of the Lehman Brothers; and the racialized female mid-tier manager whistleblowers, who all paid a steep price in the 2008 American subprime mortgage crisis, while many of the …
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.